How to unlock ipod touch 5 with out apple id or pw

My brother had bought me an ipod touch 5 online from some guy , however I haven't been unable to get on it because I need the apple id and pw of the previous owner . So then my brother texts the guy he bought it from for the pw or if he could turn off his icloud so that we would be able to get on and the guy says he would give us the pw he just has to find it but he never got back to us and we have asked multiple times . Now we are starting to think he stole it and sold it to us . However we did pay good money for this ipod is there anyways I could get on it or contact the original owner and talk to them about what has happened so that I can finally use the ipod ?

No. This is how Activation Lock works, to prevent un-authorize access. You need the correct credential from the previous owner to switch it off.
There's nothing we or Apple can do.

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